Writtle ESS CHL 5706 Ref: by 7whRxUKP

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									                                                             Application Ref: ESS/57/06/CHL

                                           ESSEX COUNTY COUNCIL

                    TOWN AND COUNTRY PLANNING ACT 1990
         Town and Country Planning (General Development Procedure) Order 1995

To:      Writtle College, Writtle, Chelmsford, Essex

In pursuance of the powers exercised by it as County Planning Authority the Essex
County Council has considered your application to carry out the following development:

Continuation of operations without compliance with Condition 4 (time limit)
attached to planning permission ESS/62/03/CHL, to allow the development to be
completed by 30 September 2008 at Writtle College Agricultural Reservoir on land
at Writtle College, Writtle, Chelmsford

and in accordance with the said application and the plan(s) accompanying it, hereby
gives notice of its decision to GRANT PERMISSION FOR the said development subject
to compliance with the following conditions:

1.       This permission shall expire on the 30th September 2008, by which time all
         operations shall have ceased and the site shall have been reinstated and
         restored to its intended agricultural use.

2.       The development hereby permitted shall be carried out and the site restored in
         accordance with the details submitted by way of the application dated 15th
         November 2006, in accordance with the application dated 24 September 2001
         together with the following:

                   Application Plans numbered:
                   98028/A - Application Plan
                   98028/2 - Borehole locations
                   98028/31 - Operations Plan (phase 1)
                   98028/31 - Operations Plan (phase 2)
                   98028/31 - Operations Plan (phase 3)
                   98028/4 - Completed reservoir
                   98028/5 - Illustrative cross section
                   98028/6/a - Haul Road and access details
                   WC/1A - Proposed right-turn into the site

         Supporting statement to the application
         Archaeological Desktop assessment dated July 2002
         Agricultural Assessment Report dated 7 December 2001
         Letters from DK Symes dated 16 October 2001, 18 December 2001 and 11 June
         2002.

         except as varied by the following conditions.




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                                                          Application Ref: ESS/57/06/CHL

3.       Notwithstanding the provisions of the Town and Country Planning (General
         Permitted Development) Order 1995 (or any order revoking and re-enacting that
         Order with or without modification) no building, structure, fixed plant or machinery
         (other than hydraulic excavator, dragline or plant for the movement of materials,
         the office portacabin and weighbridge), shall be erected, extended, installed or
         replaced on the site without the prior agreement in writing of the Mineral Planning
         Authority (MPA).

4.       All aggregate materials available for sale shall only originate from the workings
         hereby permitted. No aggregate shall be imported for processing or resale. No
         aggregate extracted from the site shall be stored on site.

5.       From the date production commences the operators shall maintain records of
         their monthly output / production and shall make them available to the Mineral
         Planning Authority upon request. All records shall be kept for the duration of the
         extraction.

6.       This permission shall be limited to the period stated in condition 1 of this
         permission, by which time the operations shall have ceased and the site have
         been restored in accordance with the scheme approved under Condition 14.

7.       In the event that operations are terminated, or suspended for a period in excess
         of 12 months, the excavated area and other operational land shall be restored in
         accordance with the scheme or schemes approved under Condition 14 and
         within a period of 6 months from the date of notification by the Mineral Planning
         Authority, except as may be varied by details to be submitted to the Mineral
         Planning Authority, for approval in writing.

8.       Unless the MPA otherwise agree in writing any building, plant, machinery,
         foundation, hard standing, roadway, structure or erection in the nature of plant or
         machinery used in connection with the development hereby permitted shall be
         removed from the site when they are respectively no longer required for the
         purpose for which they were installed, and upon their removal the land shall be
         restored in accordance with the agreed restoration scheme.

9.       The haul road and Bailey Bridge shall be removed upon completion of the
         scheme.

10.      Operations authorised or required by this permission shall only be carried
         between the following times:

                   0700 hours and 1800 hours Monday to Friday
                   0700 hours and 1300 hours Saturdays

         and at no other time or on Sundays and Public Holidays except for emergency
         maintenance and monitoring of the site, unless otherwise approved in writing by
         the MPA. For the avoidance of doubt, all vehicles in excess of 7.5 tonnes gross
         vehicle weight (t gvw) and contractors vehicles in excess of 3.5 t gvw associated
         with the operations shall not be allowed to enter or leave the site outside of these
         times.



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                                                            Application Ref: ESS/57/06/CHL

         The aforementioned times shall be the subject to the following exception:

                   A         The operation of plant and machinery for the stripping of soil,
                             construction of screen bunds or the extraction of sand and gravel
                             shall not commence before 0800 hours prior to the completion of
                             the screen bunds related to the phase being worked and intended
                             to afford visual and aural protection to nearby residents.

11.      The care and maintenance of soil screen bunds and margins to the site shall be
         in accordance with the details approved in writing by the Mineral Planning
         Authority on the 24 July 2003, and shall be implemented in accordance with the
         approved details. The approved details shall be implemented and properly
         maintained for the duration of the operations hereby permitted.

12.      Lighting on the site shall not be installed except in accordance with details
         submitted to and approved in writing by the Mineral Planning Authority.

13.      All plant and machinery shall operate only during the permitted hours, as
         specified in Condition 10, except in emergency (which shall be notified to the
         Mineral Planning Authority as soon as practicable), and shall be silenced at all
         times in accordance with the manufacturers recommendations.

14.      The landscaping scheme approved for the site shall be as agreed by the Mineral
         Planning Authority on the 24 July 2003 and shall be implemented in accordance
         with the approved details.

15.      Any tree or shrub forming part of a planting scheme approved in connection with
         this development that dies, is damaged, diseased or removed five years after
         completion of the operations shall be replaced by the applicants during the next
         planting season with a tree or shrub of species and size to be agreed with the
         MPA.

16.      Any temporary fuel or chemical storage vessel shall be within an impermeable
         container with a sealed sump and capable of holding at least 110% of the
         vessel's capacity. All fill, draw and overflow pipes shall be properly housed to
         avoid spillage.

17.      Clear to the ground visibility splays of 120 metre by 4.5 metre shall be provided
         and maintained in both directions from the proposed access to Roxwell
         Road/A1060.

18.      The scheme of dust suppression measures for the operations and haul road shall
         be implemented in accordance with the scheme submitted to and approved by
         the Mineral Planning Authority on the 24 July 2004. Measures agreed shall be
         implemented on commencement of the development and maintained in a fully
         operational condition during the period of activity on the site.

19.      No loaded lorry shall leave the site unsheeted.




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                                                               Application Ref: ESS/57/06/CHL

20.      All ingress to and egress from the site by vehicles shall be by the proposed haul
         road and from the access from Roxwell Road/A1060 only as indicated on Plan
         No. 98028/6. A metal gate shall be placed across this access point from the
         public highway and at the haul road's junction with Cow Watering Lane and
         securely locked outside of the permitted hours referred to in Condition 10 to this
         approval.

21.      The surfaced section of the haul road, from the junction with Roxwell
         Road/A1060 shall be kept free of mud and detritus by cleaning as often as
         necessary to ensure that such material is not carried onto the public highway.

22.      The details of the wheel cleaning facilities as approved in writing by the Mineral
         Planning Authority on the 24 July 2003, and shall be implemented and
         maintained in accordance with the details submitted.

23.      The site office shall be securely locked outside permitted hours.

24.      Unless with the prior agreement of the MPA in writing, there shall be no more
         than 120 vehicle movements in excess of 3.5 t gvw (60 in/60 out) from the site on
         any single working day, except on Saturdays when there shall be no more than
         60 vehicle movements in excess of 3.5 t gvw (30 in/30 out) from the site.

25.      No vehicles entering/leaving the site off Roxwell Road/A1060 shall be permitted
         to do so other than in forward gear.

26.      The scheme of topsoil and subsoil movements shall be in accordance with the
         scheme approved by the Mineral Planning Authority on the 24 July 2003 and be
         implemented as approved.

27.      The Scheme of Machine Movements for the stripping and replacement of soils
         shall be in accordance with the scheme approved by the Mineral Planning
         Authority on the 24 July 2003. All machine movements shall be restricted to
         those agreed and all soil handling shall be carried out in accordance with the
         approved scheme.

28.      Before any part of the site is excavated or traversed by heavy vehicles or
         machinery (except for the purpose of stripping that part or stacking topsoil on that
         part), or is surfaced or built upon, or used for the stacking of subsoil, soil making
         material or overburden, or as a plant yard, or for the construction of a haul road,
         all available topsoil (and subsoil) shall be stripped from that part.

29.      Topsoil and subsoil stripping:

                   a.        The topsoil shall be stripped to the full depth (generally 30 cm) and
                             shall, wherever possible, be immediately re-spread over an area of
                             reinstated subsoil. If this immediate re-spreading is not practicable,
                             the topsoil shall be stored separately for subsequent replacement.




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                                                              Application Ref: ESS/57/06/CHL

                   b.        When the subsoil is to be retained for use in the restoration process
                             it shall be stripped to a depth of not less than 70cm and shall,
                             wherever possible, be immediately re-spread over the replaced
                             overburden/low permeability cap. If this immediate re-spreading is
                             not practicable the subsoil shall be stored separately for
                             subsequent replacement. Subsoil not being retained for use in the
                             restoration process shall be regarded as overburden.

30.      Bunds for the storage of agricultural soils shall conform to the following criteria:

                   a.        Topsoil, subsoil and subsoil substitutes shall be stored separately.
                   b.        Materials shall be stored like upon like, so that topsoil shall be
                             stripped from beneath subsoil bunds and subsoil from beneath over
                             burden bunds.
                   c.        Where continuous bunds are used dissimilar soils shall be
                             separated by a third material, previously agreed in writing with the
                             MPA.
                   d.        Topsoil bunds shall not exceed 3m in height and subsoil (or subsoil
                             substitute) bunds shall not exceed 5m in height

31.      All storage bunds intended to remain in situ for more than 6 months or over the
         winter period shall be grassed over and weed control and other necessary
         maintenance carried out to the satisfaction of the Mineral Planning Authority.
         The seed mixture and the application rates shall be agreed in writing by the
         Mineral Planning Authority no less than one month before it is expected to
         complete the formation of the storage bunds.

32.      All topsoil, subsoil and soil making material shall be retained on the site. No
         bunds shall remain on site as part of any restoration scheme agreed under
         Condition 14 to this approval.

33.      The subsoil is to be tipped in windows and spread to the required level, in usually
         5m wide strips in such a manner as to avoid compacting placed soils. Topsoil is
         then to be tipped, lifted and evenly spread onto the levelled subsoil, also in a
         manner as to avoid compacting the placed soils.

34.      The minimum settled depth of subsoil and topsoil shall be 1 m.

35.      All stones and other materials in excess of 150mm in any dimension shall be
         picked and removed from the restored surface of the site.

36.      The applicant shall notify the Mineral Planning Authority at least 5 working days
         in advance of the commencement of the final subsoil placement on each phase,
         or part phase to allow a site inspection to take place.

37.      The finished surface of the subsoil shall be broken and opened to a depth of
         450mm at a tine spacing of 450mm.

38.      The topsoil shall be spread so as to produce a minimum even settled depth of
         300mm over the reinstated subsoil.



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                                                          Application Ref: ESS/57/06/CHL

39.      The re-spread topsoil and areas upon which topsoil has been stored shall be
         ripped or loosened: at a tine spacing of not greater than 600mm and to a depth of
         at least 500mm. Any non-soil making material or larger stone lying on the
         loosened topsoil surface and, on any surface, larger than would pass through a
         wire screen mesh with a spacing of 150mm shall be removed from the site or
         buried at a depth not less than 2m below the final settled contours.

40.      All plant and machinery shall operate only during the permitted hours, as
         specified in condition 10, except in emergency (which shall be notified to the
         Mineral Planning Authority as soon as practicable), and shall be silenced at all
         times in accordance with the manufacturers recommendation.

41.      Except for temporary operations, the free field Equivalent Continuous Noise
         Level (LAeq, 1hr) at noise sensitive properties adjoining the site, Stradella and
         Riverside Cottage, due to operations in the site, shall not exceed the limits set
         out below:

                   55 dB - where the background noise level (LA90) without the proposed
                   operations exceed 55 db;
                   LA90 + 10dB - where the background noise level (LA90) without the
                   proposed operations lies between 35 and 45 dB:
                   45 dB - where the background noise level (LA90) without the proposed
                   operations is between 35 dB or less

42.      For temporary operations, the free field noise level at noise sensitive properties
         shall not exceed 70 LAeq, 1h expressed in the same manner as for condition 41.
         Temporary operations shall not exceed a total of eight weeks in any continuous
         12 month period for work affecting any noise sensitive property. Temporary
         operations shall include site preparation, bund formation and removal, site
         stripping and restoration, and other temporary activity as may be agreed, in
         advance of works taking place, with the Mineral Planning Authority.

43.      Noise levels shall be monitored by the operating company at 6 monthly or
         otherwise agreed intervals at up to five locations to be agreed with the Mineral
         Planning Authority. The results of the monitoring shall include the LA90 and
         LAeq noise levels, the prevailing weather conditions, details of the measurement
         equipment used and its calibration and comments on the sources of noise, which
         control the noise climate. The survey shall be for two separate 15 minute periods
         during the working day and the results shall be kept by the operating company
         during the life of the permitted operations and a copy shall be supplied to the
         Mineral Planning Authority. After the first year of operation, the frequency of the
         monitoring may be modified by agreement with the Mineral Planning Authority.

The reasons for the foregoing conditions are as follows:

1.       To enable the Mineral Planning Authority to adequately control the development
         and to ensure that the land is restored to a condition capable of beneficial use
         and to comply with policies C2, MIN7, MLP8 and MLP10.




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                                                          Application Ref: ESS/57/06/CHL

2.       For the avoidance of doubt as to the nature of the development hereby permitted
         and to ensure development is carried out in accordance with the approved
         application details.

3.       To enable the Mineral Planning Authority to adequately control, monitor and
         minimise the impacts on the amenities of the local area and to comply with
         policies C2, MIN6 and MLP13.

4.       To ensure uses on site are wholly ancillary to the mineral operations hereby
         permitted and to comply with policies MLP13 and ENV10.

5.       To enable the Mineral Planning Authority to adequately control, monitor and
         minimise the impacts on the amenities of the local area and to comply with
         policies C2, MIN6, MLP13 and ENV10.

6.       To ensure that the site is restored to a condition capable of beneficial use and to
         comply with policies MIN7, MLP8 and MLP10.

7.       To ensure that the site is restored to a condition capable of beneficial use and to
         comply with policies MIN7, MLP8 and MLP10.

8.       To enable the Mineral Planning Authority to adequately control the development
         and to ensure that the land is restored to a beneficial use in compliance with
         policies MIN6, MIN7, MLP13, MLP8 and MLP10.

9.       To provide for the completion and progressive restoration of the site within the
         approved timescale.

10.      In the interests of local amenity, to control the impacts of the development and to
         comply with policies C2, ST6, MIN6 and MLP13.

11.      To protect the amenities of the local residents, to screen the development and to
         comply with policy EC9, ENV10 and NR1.

12.      To enable the Mineral Planning Authority to adequately control the development
         and to minimise its impact on the local area.

13.      In the interests of local amenity, to control the impacts of the development and to
         comply with policies C2, ST6, MIN6 and MLP13.

14.      To comply with section 197 of the Town and Country Planning Act 1990 to
         improve the appearance of the site in the interest of visual amenity (to screen the
         workings and assist in absorbing the site back into the local landscape) and to
         comply with policy NR1.

15.      In the interest of the amenity of the local area and to ensure development is
         adequately screened and to comply with policy NR1.

16.      To minimise the risk of pollution to watercourses and to comply with policy EC9,
         C2 and MLP13.



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                                                          Application Ref: ESS/57/06/CHL

17.      In the interests of highway safety and local amenity and to comply with policies
         T11, MLP3 and T9.

18.      To minimize the spread of dust in the interests of local amenity and to comply
         with policies ENV10, MIN6 and MLP13.

19.      In the interest of highway safety and to reduce the potential for dust and detritus
         on the public highway and to comply with policy T11, MLP3 and T9.

20.      In the interest of highway safety and safeguarding local amenity and to comply
         with policy T11, MLP3 and T9.

21.      In the interests of preventing material, dust or detritus from affecting public
         highway safety and to comply with policy T11, MLP3 and T9.

22.      In the interests of preventing material, dust or detritus from affecting public
         highway safety and to comply with policy T11, MLP3 and T9.

23.      In the interest of public safety and safeguarding local amenity and to comply with
         policy T11, MLP3 and T9.

24.      In the interests of highway safety and protecting local amenity, and to comply
         with policy T11, MLP3 and T9.

25.      In the interests of highway safety and protecting local amenity, and to comply
         with policy T11, MLP3 and T9.

26.      To ensure the retention of existing soils on the site for restoration purposes and
         to minimise the impact of the development on the locality and to comply with
         policy EC9, MIN7 and MLP8.

27.      To minimise structural damage and compaction of the soil and to aid in the final
         restoration works and to comply with policy EC9 and MLP8.

28.      To minimise soil compaction and structural damage, and to help the final
         restoration in accordance with policy EC9 and MLP8.

29.      To minimise the structural damage and compaction of the soil and to aid the final
         restoration of the site in compliance with policy MIN6, MIN7, EC9, MLP8, MLP10
         and MLP13.

30.      To ensure the retention of the existing soils on the site for restoration purposes.

31.      To ensure the retention of the existing soils on the site for restoration purposes.

32.      To aid the final restoration of the site in compliance with policy MIN7 and MLP8.

33.      To minimise structural damage and compaction of the soil and to aid in the final
         restoration works and to comply with policy EC9 and MLP8.

34.      To aid the final restoration of the site in compliance with policy MIN7 and MLP8.


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                                                              Application Ref: ESS/57/06/CHL


35.      To ensure the restored land is agriculturally versatile and agricultural operations
         are not impeded and to comply with policies EC9, NR1 and MLP8.

36.      To enable the Mineral Planning Authority to adequately control the development
         and to ensure that the land is restored to a condition capable of beneficial use
         and to comply with policies C2, MIN7 and MLP8.

37.      To aid the final restoration of the site in compliance with policy EC9, MIN7 and
         MLP8.

38.      To aid the final restoration of the site in compliance with policy EC9, MIN7 and
         MLP8.

39.      To aid the final restoration of the site in compliance with policy EC9, MIN7 and
         MLP8.

40.      To protect the amenities of the local residents from the effects of noise pollution
         and to comply with policy MIN6 and MLP13.

41.      To protect the amenities of the local residents from the effects of noise pollution
         and to comply with policy MIN6 and MLP13.

42.      To allow the Mineral Planning Authority to adequately monitor the site and to
         protect the amenities of the local residents from the effects of noise pollution and
         to comply with policy MIN6 and MLP13.

43.      To ensure development is being carried out without adversely affecting
         residential amenity and to comply with policy MIN6 and MLP13.

Reason for Approval:

Subject to the imposition of the attached conditions, the proposal is considered
acceptable having been assessed in the light of all material considerations including
those policies in the development plan:

Essex and Southend on Sea Replacement Structure Plan 2001

Policy C2                    -             Development in the Green Belt.
Policy T11                   -             Traffic Management.
Policy NR1                   -             Landscape Conservation.
Policy MIN6                  -             Development Control.
Policy MIN7                  -             Restoration and Aftercare.

Adopted Minerals Local Plan 1996

Policy MLP3                  -             Highways.
Policy MLP8                  -             Restoration and Aftercare.
Policy MLP10                 -             Primary Processing Plant.
Policy MLP13                 -             Development Control Criteria.



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                                                                       Application Ref: ESS/57/06/CHL


Chelmsford Borough Replacement Local Plan 2001

Policy ST6                   -             Development in the Green Belt.
Policy EC9                   -             Agricultural development.
Policy ENV10                 -             Amenity and Pollution.
Policy T9                    -             Traffic Management Measures.


There are no other policies or other material considerations, which are overriding to
warrant the withholding of planning permission.




                                             Dated .....26 January 2007.........................................
COUNTY HALL
CHELMSFORD
                                            Signed ........................................................................
                                                          Head of Law & Administration



            IMPORTANT - ATTENTION IS DRAWN TO THE NOTES OVERLEAF




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                                                                   Application Ref: ESS/57/06/CHL


                                                    NOTES

(1)      An applicant aggrieved by the decision of the County Planning Authority to refuse permission or
approval for the proposed development, or to grant permission or approval subject to conditions, may
appeal to the Secretary of State for the Environment, in accordance with Section 78 of the Town and
Country Planning Act 1990, within six months of receipt of this notice (appeals must be made on a form
which is obtainable from the Planning Inspectorate, Customer Support Unit, Temple Quay House, 2 The
Square, Temple Quay, Bristol, BS1 6PN (0117 372 6372) www.planning-inspectorate.goc.uk). - 3 copies
will be supplied. The Secretary of State may allow a longer period for the giving of a notice of appeal but
he will not normally do so unless there are special circumstances, which excuse the delay in giving notice
of appeal. He may decline to determine an appeal if it appears to him that permission for the proposed
development could not have been granted by the County Planning Authority, or could not have been so
granted otherwise than subject to the conditions imposed by it, having regard to the statutory
requirements, * to the provisions of the development order and to any directions given under the order.

Any applicant wishing to appeal against a refusal of permission or grant of permission subject to conditions
shall furnish to the Secretary of State a copy of each of the following documents:

         (i)       the appeal form, completed in full, signed and dated;
         (ii)      the application;
         (iii)     all relevant plans, drawings, particulars and documents submitted with the application
                   (including a copy of any notice provided in accordance with Section 65 of the Act and of
                   the relevant certificate given in accordance with Section 66 of the Act);
         (iv)      the notice of the decision; and
         (v)       all other relevant correspondence with the planning authority.

The second copy of the appeal form must be sent to the County Planning Authority at the address from
which the decision on the application was issued, together with copies of any additional plans, drawings or
correspondence which relate to the application and are being submitted to the Secretary of State as part of
the appeal.

The third copy of the appeal is for the applicant’s retention.

An applicant who desires to appeal against a decision of the County Planning Authority refusing to grant
any consent, agreement or approval required by a condition imposed on a grant of planning permission
(other than an application for approval of reserved matters) or granting any such consent, agreement or
approval subject to conditions shall give notice of appeal to the Secretary of State in writing within six
months of the receipt of notice of the decision; where notice of decision on an application for such consent,
agreement or approval has not been given within eight weeks from the date when the application was
received by the County Planning Authority the applicant may appeal to the Secretary of State in writing
within the six months of the expiry of that period.

(2)      If permission to develop land is refused or granted subject to conditions, whether by the County
Planning Authority or by the Secretary of State for the Environment, and the owner of the land claims that
the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered
capable of reasonably beneficial use by the carrying out of any development which has been or would be
permitted, he may serve on the District Council for the area in which the land is situated a purchase notice
requiring that Council to purchase his interest in the land in accordance with the provisions of Part VI of the
Town and Country Planning Act 1990.

(3)     In certain circumstances, a claim may be made against the County Planning Authority for
compensation where permission is refused or granted subject to conditions by the Secretary of State on
appeal or on a reference of an application to him. The circumstances in which such compensation is
payable are set out in Section 114 of the Town and Country Planning Act 1990.

* The statutory requirements are those set out in Section 79(6) of the Town and Country Planning Act
1990, namely Sections 70 and 72(1) of the Act.




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